The postings of a customs lawyer in Chicago on the state of customs law and international trade law. Important Disclaimer: None of this is legal advice, don't act on it. Don't ascribe these statements to my law firm, its partners or clients. Don't steal from my blog. I wrote it, I own it. But, feel free to link to me. Also, under the rules regulating speech by attorneys, this blog may be construed as lawyer advertising. I am the sole party responsible for the content.

Thursday, February 23, 2012

Harmonization or New World Order?

I am a big proponent of the harmonization of international standards. This is mainly because I am cheap and believe in efficient, practical solutions to problems. I have always thought that the U.S., Canada, and the EU, for example, could merge their drug approval processes making for a one-stop shop. Once approved by this international body, the drug would be approved for sale in all three jurisdictions. I realize that is far easier said than done. The problem is that every country wants to be able to protect the health and safety of its citizens. And, at a very detailed level, the different organizations may have different approaches. Those details can become stumbling blocks and eventually stymie the whole thing. But, it can be done.

Another objection to this is that the U.S. will be giving up sovereignty and allowing "foreign bureaucrats" to make decisions about the medicines (or foods, or whatever) Americans can use. This, to me, is a red herring. As long as the United States retains a way out of the pact and there is adequate opportunity for judicial or other independent review, I don't think there is much of a sovereignty issue. Even if there is, we trade sovereignty for other benefits all the time. If the decision is reversible and we get a benefit, that is OK with me.

I am thinking about this because of this news item that the U.S. and EU have agreed to accept each other's certifications that products are "organic." This opens the way for companies on either side of the Atlantic to market their products as organic without having to go through re-certification and labeling on the opposite side. According to the report:

“This agreement comes with a double added value. On the one
hand, organic farmers and food producers will benefit from easier access, with
less bureaucracy and less costs, to both the U.S. and the EU markets,
strengthening the competitiveness of this sector. In addition, it improves
transparency on organic standards, and enhances consumers' confidence and
recognition of our organic food and products,” stated the EU Commissioner
responsible for agriculture and rural development, Dacian Cioloş. "This partnership
marks an important step, taking EU-U.S. agricultural trade relations to a new
level of cooperation"

Of course, this is not the merging of two independent programs. Rather, it is just mutual recognition. Still, it strikes me as a good example of a long term strategy to harmonize standards.